New
Delhi:
The Supreme Court Monday reserved verdict on the pleas seeking directions that
ex-gratia compensation of Rs 4 lakh be paid to the families of those who have
died of COVID-19. A special vacation bench comprising Justices Ashok Bhushan
and M R Shah heard Solicitor General Tushar Mehta and senior advocate S B
Upadhyay and other lawyers for almost two hours.
The
top court asked the parties to file written submissions in three days and
specifically directed the Centre to simplify the process of grant of death
certificates to the dependents of those who have died of COVID-19. The Centre
had earlier told the apex court that the ex-gratia compensation of Rs 4 lakh
cannot be paid to the families of those who have died of COVID-19 as the
finances of state governments and the Centre are under severe strain.
In
an affidavit filed before the top court, the Ministry of Home Affairs said it
has by way of Minimum Standard Relief under section 12 of the Disaster
Management Act, 2005, taken several steps providing for substantial and speedy
measures by way of, increase in the health, infrastructure, ensuring food
safety to every citizen. Advocate Gaurav Kumar Bansal, one of the petitioners
in the matter, had argued that under section 12(iii) of the Disaster Management
Act, 2005, every family whose member died due to disaster is entitled for
ex-gratia compensation of Rs 4,00,000.
He
had argued that since COVID-19 has been declared as a disaster and as per the
order dated April 8, 2015, every family whose member dies due to disaster is
entitled for ex-gratia compensation of Rs 4 lakh. The counsel, appearing for
another petitioner Reepak Kansal, had argued that a large number of deaths were
taking place due to COVID-19 and death certificates need to be issued, as only
after that the affected family members can claim compensation under section 12
(iii) of the Act.
In
his plea, Kansal has said that states should be directed to fulfil their
obligation to take care of victims of COVID-19 and also their family members.
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